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by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Sept 6 – An armed guard forced a man seeking asylum to put her mouth on his penis in the Jacob K. Javits Federal Office Building in lower Manhattan on May 4, 2023 prosecutors charged him on May 5.

 Jimmy Solano-Arias was presented before U.S. District Court for the Southern District of New York Magistrate Judge Stewart D. Aaron on the afternoon of May 5. Inner City Press was there, the only media in the SDNY Mag Court. 

  Solano-Arias is paid to as an armed guard at 26 Federal Plaza. The Victim, who is a native Spanish speaker, went to submit an application for asylum. The complaint, not initially public on PACER, says Solano-Arias asked "if the Victim was by himself or with family." 

  The Victim was taken into a utility closet; Solano-Arias "pulled out his penis and said 'take my milk out.'" The Victim managed to take a video. 

 Nevertheless, the prosecutors agreed to Solano-Arias' release on $175,000 unsecured bond, with travel to New Jersey.

More on Substack here.

On September 5, Solano-Arias appeared before the assigned District Judge Paul G. Gardephe. Inner City Press was there, the only media in the courtroom. His Federal Defender said she plans to move to dismiss, saying he was a contractor, and charged under the wrong statute. She also said it appears there is no DNA evidence. Judge Gardephe said motions are due October 5, and a next conference October 6.

On October 2, Solano-Arias' Federal Defender wrote in that "the Government recently reached out to discuss a potential pre-trial disposition that will only be available before motions are filed."

On November 3, Federal Defenders asked for another 30 day adjournment "to give Mr. Solano an opportunity to learn about and consider the most recent developments and finalize our plea negotiations."

On November 6, Judge Gardephe adjourned it for a month: "ORDER as to Jimmy Solano-Arias: In a November 3, 2023 letter, defense counsel states that she and the Government have been engaged in discussions regarding a possible pre-trial disposition, and that defense counsel needs an additional thirty days to discuss a potential plea with the Defendant. Counsel requests that the pretrial motions deadline of November 6, 2023, and the conference scheduled for November 7, 2023, be adjourned for thirty days. (Dkt. No. 21) Accordingly, the conference scheduled for November 7, 2023, is adjourned to December 8, 2023, at 2:00 p.m."

On December 5, Solano-Arias' lawyer wrote in asking for a change of plea conference in 45 days.

On December 7, he got it, until January 29: "ORDER as to Jimmy Solano-Arias. In a December 5, 2023 letter, defense counsel states that the parties have been engaged in plea discussions and that they need another 45 days in order to complete those discussions. (Dkt. No. 23) Accordingly, the conference scheduled for December 8, 2023, is adjourned to January 29, 2024, at 2:00 p.m." Then to March 4.

On March 13, Federal Defenders wrote in again saying "a new formal offer was transmitted last week," asking to push the plea back to April 1.

In fact, the plea occurred on April 10, in SDNY Magistrates Court. Inner City Press was there, thread:

All rise!

Judge: You are here to plead guilty? Solano: Yes. Judge: The sentencing guideline is 168 to 210 months. AUSA: But we have stipulated to 60 months, that's what the appeal waiver covers. Inner City Press Judge: What is your level of education? Solano: I am a lawyer in the Dominican Republic. I am a naturalized US citizen. Judge: You know that could change? Solano: Yes Miss.

 [Note: Solano was charged with coercing sex from an asylum seeker while he was a guard in 26 Federal Plaza. He is being allowed to plead down to "material false statement." So the victim does not have to be notified? CVRA??

Judge: The plea agreement prohibits the District Judge from sentencing you to any more than 60 months, and 1 year supervised release. Tell me what you did. Solano: May 5, 2023 I was interviewed about an incident and falsely said no sex act took place

Judge: You engaged in a sexual act without consent while an armed security guard un 26 Federal Plaza Solano: I agree to the stipulation AUSA: We have the victim's statement he had non consensual sex with the defendant

On June 17 his July 12 sentencing was delayed to August 23 at 3 pm.

On August 9 it was delayed into September: "as to Jimmy Solano-Arias The sentencing in this matter is adjourned to September 13, 2024, at 2:00 p.m. Defense submissions will be due by August 28, 2024, and Government submissions will be due by September 4, 2024.  (Signed by Judge Paul G. Gardephe on 8/9/24)"

On August 30, Solano-Arias' Federal Defender submitted a redacted sentencing request for no jail time, saying that "Solano believed - howeer erroneously this was in hindsight - that the man was flirting with him... He has re-married, and remains a dedicated churchgoer."

On September 6, the US Attorney's Office wrote in asking for 60 months - five years.

More (questions / outrage) on X for Subscribers here and Substack here

Plea Agreement on Patreon here

The case is US v. Solano-Arias, 23-cr-275 (Gardephe / Netburn)

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